SRC-JBJ S.B. 1909 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1909
By: Truan
Intergovernmental Relations
5/11/1999
As Filed


DIGEST 

Currently, municipalities are prohibited from entering into design-build
contracts.  School districts have been able to enter the contracting scheme
for public improvement projects, and the private sector has used
design-built construction for many years.  Design-build construction is a
team of architects, engineers, contractors, and subcontractors working
together rather than executing separate contracts. The benefits are fewer
change orders, tighter cost controls, and more timely completion of the
work. However, the only public entities authorized to enter into
design-build contracts are school districts. H.B. 1909 authorizes
municipalities to enter into the contracts for public improvement projects
that are larger than $50 million, and not for a separate public road,
highway bridge, or utility project.  

PURPOSE

As proposed, S.B. 1909 authorizes municipalities to enter into design-build
contracts for certain public improvement projects. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 252C, Local Government Code, by adding Section
252.051, as follows: 

Sec. 252.051.  DESIGN-BUILD CONTRACTS FOR MUNICIPAL PUBLIC IMPROVEMENT
PROJECTS OR FACILITIES.  Defines "design-build contract, "designbuild
firm," and design criteria package."  Authorizes a municipality to use the
design-build method for certain construction work on certain public
building projects that have a total projected cost of $50,000,000 or more.
Requires the contracting municipality and the designbuild firm to follow
the procedures provided by this section.  Authorizes the municipality to
designate an engineer or architect to act as its representative, and to use
a non-municipal employee if the architect or engineer is selected on
certain competency qualifications.  Requires the municipality to prepare a
request for certain qualifications and the design criteria packages that
includes more detailed information on the project or facility.  Requires
the services of an engineer or architect in helping to prepare the package
to be provided in accordance with applicable law.  Requires the
municipality to evaluate proposals and select a design-build firm in
certain phases.  Requires the firm's engineers or architects to complete
the design and submit it for review before commencing construction.
Requires an engineer and an architect to be responsible for compliance for
requirements respective to certain statutes.  Requires the municipality to
provide or contract for inspection services, construction materials
testing, and other verification services necessary for acceptance of the
project or facility by the municipality. Requires the municipality to
select those services as provided by Section 2254.004, Government Code.
Requires the design-build firm to supply a signed and sealed set of
construction documents for the project or facility to the municipality at
the conclusion of construction. Provides that a payment or performance bond
is not required for the portion of a design-build contract under this
section that includes design services only. 

SECTION 2.  Amends Chapter 262, Local Government Code, by adding Section
262.024(a)(11), to add text regarding contracts let pursuant to procurement
methodology authorized by Chapter 252C, Section 252.051. 

 SECTION 3.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.Emergency clause.